Recent Articles

“But despite seven decades of stretching by a Supreme Court eager to accommodate every congressional whim, the Amazing Elastic Commerce Clause is still not expansive enough to cover the unprecedented command that people purchase a product from a private company in exchange for the privilege of existing.”

“And stretched to its logical conclusion, the mandate’s policy implications are absurd. As one successful political opponent of the mandate once said: ‘If a mandate was the solution, we could try that to solve homelessness by mandating everybody buy a house.’ That’s probably somewhat exaggerated, but it’s basically a fair point. And it was first made on the campaign trail by President Obama.”

“The White House had to play favorites with Senators and special interests to pass ObamaCare, and its implementation is no less ugly. But the waiver wave is most telling for what it says about the architects of this plan. By bending their own rules, they’re conceding their destructiveness.”

This study analyzes the different mandates each state imposes on its insurance market and determines the added costs of each. ObamaCare includes several of these coverage mandates, like ‘guaranteed issue,’ which will have driven up costs in states which have tried them, and will drive up costs nation-wide as well.

“But our recent health reform has created a situation where there are strong economic incentives for employers to drop health coverage altogether. The consequence will be to drive many more people than projected—and with them, much greater cost—into the reform’s federally subsidized system. This will happen because the subsidies that become available to people purchasing insurance through exchanges are extraordinarily attractive.”

“This change works well as part of an incrementalist strategy to destroy the private insurance market–especially patient-driven healthcare. I realize that may sound cynical. But the far left has made no secrets about its desire to create a single-payer system and to use a strategy of patient trench warfare (no pun) to create it. Obamacare was a major advance towards that end and, tactically, the eventual destruction of HSAs must figure in to said strategy.”

“Aerospace giant Boeing is joining the list of companies that say the new health care law could have a potential downside for their workers. In a letter mailed to employees late last week, the company cited the overhaul as part of the reason it is asking some 90,000 nonunion workers to pay significantly more for their health plan next year.”

This morning, Judge Henry E. Hudson of the Eastern District of Virginia presided over a summary judgment hearing for Virginia v. Sebelius. Both sides squared-off for just under three hours, and OCW was lucky enough to get a seat in the crowded courtroom.

“In his ruling, Vinson criticized Democrats for seeking to have it both ways when it comes to defending the mandate to buy insurance. During the legislative debate, Republicans chastised the proposal as a new tax on the middle class. Obama defended the payment as a penalty and not a tax, but the Justice Department has argued that legally, it’s a tax.”